Appellate

  • June 29, 2022

    Trenam Law Can't Rep PE Firm In Fight With Ex-CEO

    A Florida appeals court affirmed Wednesday that a Tampa law firm can't represent a private equity company in a suit and counter-suit with its shareholder. 

  • June 29, 2022

    3rd. Circ. Preview: NJ Election Law Takes Center Stage In July

    The intricacies of New Jersey election law are set to be examined in July by the Third Circuit, which will hear argument on the kinds of slogans candidates can include on ballots and whether banks can contribute to campaigns.

  • June 29, 2022

    Full Fed. Circ. Won't Rethink Revival Of IP Calif. Judge Axed

    The Federal Circuit on Wednesday declined a petition from Vizio Inc. to review a panel decision from March that reversed a California federal judge's determination that claims of VDPP LLC's optical illusion patents were invalid as indefinite.

  • June 29, 2022

    11th Circ. Ends Ex-Cop's Case Over Flying Confederate Flag

    The Eleventh Circuit said Wednesday a former Roswell sergeant can't sue the city, its police chief or the city administrator for firing her after she flew a Confederate battle flag at her home while her police cruiser was parked outside.

  • June 29, 2022

    11th Circ. Says Nationwide Unit Not Liable For Late Claim

    The Eleventh Circuit refused to revive a Georgia retail building owner's suit against Scottsdale Insurance Co. on Wednesday, finding the company waited too long to file its claim after a September 2017 storm damaged its property.

  • June 29, 2022

    The State Of Abortion Legal Challenges Around The US

    Since the U.S. Supreme Court reversed Roe v. Wade last week with its landmark decision in Dobbs v. Jackson Women’s Health Organization, restrictive state abortion bans have seen a wave of legal challenges. Here’s what’s happened in courthouses across the U.S. post-Dobbs.

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 29, 2022

    Mo. Panel Affirms Homeowner's Roof Damage Coverage Win

    A Missouri appeals panel upheld a property owner's coverage win against an AIG unit, finding the insurer breached its policy by improperly depreciating labor costs when calculating the actual cash value of a storm-damaged roof.

  • June 29, 2022

    Breyer To Officially Step Down Thursday At Noon

    Justice Stephen Breyer, a key member of the Supreme Court's liberal bloc since he joined in 1994, will officially retire from the high court at noon on Thursday as Justice-designate Ketanji Brown Jackson takes the oaths to become the 116th member of the institution.

  • June 29, 2022

    Justices Say Texas Not Immune To Military Discrimination Suit

    The U.S. Supreme Court ruled Wednesday that state employers do not have sovereign immunity to a military anti-discrimination law, reviving a former Texas state trooper's allegations that he was unlawfully forced out of his job due to injuries from his Army service.

  • June 29, 2022

    High Court Says States Can Handle Some Reservation Crimes

    A divided U.S. Supreme Court ruled Wednesday that Oklahoma and other states aren't barred by federal law from prosecuting non-Indians for crimes against Indians on reservations, handing Oklahoma a win in its bid to exert more authority on tribal land following the high court's landmark 2020 McGirt decision.

  • June 29, 2022

    Ohio Abortion Clinics Turn To State High Court After Dobbs

    Abortion clinics on Wednesday asked Ohio's highest court to declare that a law in effect that bans most abortions violates the state's constitution, a legal strategy they see as a new path forward following the U.S. Supreme Court's decision to overturn Roe v. Wade.

  • June 28, 2022

    Contested GOP Primary For Ill. High Court Too Close To Call

    Suburban Chicago voters appeared to choose Lake County Associate Judge Elizabeth Rochford on Tuesday as their Democratic candidate heading into November for a wide-open seat in the Illinois Supreme Court bench, but the district's Republican race remained too close to call early Wednesday morning.

  • June 28, 2022

    1st Circ. Affirms Whole Foods Win In Workers' BLM Mask Case

    The First Circuit on Tuesday said a Massachusetts federal court was correct to throw out Whole Foods workers' discrimination claims stemming from the disciplining of employees who wore Black Lives Matter face masks to work, holding there could plausibly be non-race-related reasons for the dress code enforcement.

  • June 28, 2022

    High Court's CSA Decree Augurs Opioid Upheaval For DOJ

    The U.S. Supreme Court's demand for a rock-solid showing of intentional impropriety when federal opioid prosecutors target pills-for-profits schemes under the Controlled Substances Act will send the U.S. Department of Justice scrambling to salvage its less sensational suits, attorneys say.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Calif. Panel Won't Disqualify Law Firm In Pipe Maker's Fight

    A California appellate panel upheld on Tuesday a lower court's refusal to disqualify Pillsbury Winthrop Shaw Pittman LLP from representing Victaulic Co. in its multimillion dollar coverage fight with three AIG units, rejecting arguments that the firm's attorneys obtained relevant confidential information on AIG while at a previous firm.

  • June 28, 2022

    1st Circ. Sends Union's Pension Dispute To Arbitration

    The First Circuit granted on Tuesday a United Steelworkers local's bid to make National Grid and its benefits committee arbitrate a pension dispute, saying the pension plan's governing documents direct cases like this one to arbitration. 

  • June 28, 2022

    No Escrow Payout For Exec After Trade Secret Conviction

    A Texas drilling executive who was convicted and sent to jail for conspiring to steal trade secrets won't be able to collect his half-million-dollar share of a drilling company he sold to the global engineering firm WS Atkins Inc., after an appeals court in Houston on Tuesday reversed his initial win in a lower court.

  • June 28, 2022

    Feds Back Shoshone Tribe's Hunting Rights At 9th Circ.

    The U.S. Department of the Interior on Tuesday added its voice to the Northwestern Band of the Shoshone Nation's request that the Ninth Circuit overturn an Idaho federal judge's ruling that the tribe doesn't have treaty rights to hunt and fish in its aboriginal lands.

  • June 28, 2022

    11th Circ. Reverses Amazon's Win In Porn Biz Trademark Suit

    Amazon must face a jury trial over claims that its Fire TV video streaming device violates the trademark rights of the owner of porn streaming service FyreTV, the Eleventh Circuit ruled in a published opinion Tuesday.

  • June 28, 2022

    2nd Circ. Reverses BIA On Dual Citizen Refugee Question

    The Second Circuit held on Tuesday that a dual national asylum-seeker can qualify as a refugee by showing persecution in just one of their countries of nationality, reversing a lower tribunal's decision.

  • June 28, 2022

    Wash. Justices Ponder Coverage For Delayed Tunnel Project

    An insurance coverage dispute over the three-year delay of a tunnel project in Seattle had the Washington Supreme Court on Tuesday again questioning whether the loss of use of a property constitutes physical loss covered by insurance.

  • June 28, 2022

    Fed. Circ. Wipes $11K Fee Ruling Over Confidential Emails

    A Federal Circuit panel splintered Tuesday in rejecting a lower court decision to hit a California patent lawyer and his client with $11,000 in fines and legal fees over allegedly emailing confidential materials to a partner attorney in a joint defense agreement, who used them in another case.

  • June 28, 2022

    Veteran Opposes 3M's Gov't Contract Defense In Earplug Suit

    A U.S. Army veteran who won $1.7 million over hearing loss attributed to 3M earplugs hit back at the company's attempt to revive the dispute, telling the Eleventh Circuit that a lower court correctly shut down its bid to claim immunity as a government contractor.

Expert Analysis

  • 2nd Circ. Ruling Highlights ERISA Determination Deadlines

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    As seen in the Second Circuit’s recent McQuillin v. Hartford decision, the deadlines for deciding Employee Retirement Income Security Act claims and appeals have teeth, and there are consequences when a plan administrator fails to comply, says Mark DeBofsky at DeBofsky Sherman.

  • Recent Trade Secret Cases Show Sentencing Disparities

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    Sentencing disparities in U.S. trade secret cases have surfaced in recent years, and legal practitioners should know that courts have found that the intended loss does not necessarily equal the cost of development of stolen trade secrets or the defendant's intended gain from misappropriation, says Steven Lee at Lewis Brisbois.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • 5th Circ. Ruling Signals Judicial Shift On SEC Admin Process

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    The Fifth Circuit’s decision in Jarkesy v. U.S. Securities and Exchange Commission signals a growing discomfort in the judiciary with the SEC's administrative process, and those dealing with enforcement actions should bring their constitutional challenges early and often, say Benjamin Daniels and Trevor Bradley at Robinson & Cole.

  • Opinion

    Justices Should Resolve FCA Cases' Rule 9(b) Circuit Split

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    The U.S. Supreme Court should agree to hear three related False Claims Act cases and resolve the circuit split over the level of detail Rule 9(b) requires in qui tam complaints, or the viability of such actions will increasingly depend on where they are filed, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • Dobbs Ruling Creates Compliance Dilemmas For Hospitals

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    Following the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, hospitals in states with sweeping abortion prohibitions may struggle to reconcile state and federal legal regimes, including the Emergency Medical Treatment and Labor Act, say attorneys at Dentons.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • How To Avoid Construction Lien Traps In Bankruptcy Filings

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    The Ninth Circuit Bankruptcy Appellate Panel’s decision in 450 S. Western Ave. serves as a cautionary tale on the risks of a contractor agreeing not to foreclose a lien in exchange for the owner agreeing not to challenge the validity of the lien in bankruptcy filings, and highlights how contractors can protect their liens, says Blake Robinson at Davis Wright.

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Deploying US Discovery In Brazil Following High Court Ruling

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    While the U.S. Supreme Court’s recent decision in ZF Automotive v. Luxshare may be seen as a limitation on the use of discovery in foreign proceedings, there are still many options for litigants deploying U.S. discovery abroad, which is particularly valuable in Brazil, say attorneys at Kobre & Kim.

  • High Court's Tribal Ruling May Enable More Gambling In Texas

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    The U.S. Supreme Court's recent ruling in Texas v. Ysleta, finding that Texas cannot regulate a tribe's electronic bingo, paves the way for Native American tribes in Texas to upscale their gaming operations, say attorneys at McGuireWoods.

  • Employer Abortion Policy Considerations In A Post-Roe World

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    Restricted abortion access in many states after the U.S. Supreme Court’s expected reversal of Roe v. Wade may cause corporate recruitment and retention concerns, but before implementing policies that help employees access reproductive care, employers should consider their workforce’s values, legal risks and potential political backlash, says Meredith Kirshenbaum at Goldberg Kohn.

  • High Court Rulings Highlight Arbitration Jurisprudence Shift

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    A study of recent U.S. Supreme Court decisions — including last month's Morgan v. Sundance opinion — suggests a move away from the strong federal preference for arbitration toward a strict textual interpretation of the Federal Arbitration Act, say Chelsea Priest and Margaret Allen at Sidley.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

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